Legal Opinion

In re the Marriage of Benjamin

Colorado Court of Appeals

Decided June 11, 1987No. 85CA0958PublishedCited by 2 opinions

1Opinion of the Court

STERNBERG, Judge.

The decedent (wife) had filed an action seeking dissolution of her marriage to ap-pellee Franzen. Temporary orders relating to custody, visitation, maintenance and child support had been entered when wife died. Her personal representative moved the trial court for an award of attorney fees. The court dismissed that claim and the personal representative appeals the denial of attorney fees. We affirm.

The personal representative concedes that, while there is a split of authority concerning the liability of a husband for a deceased wife’s attorney fees, in Colorado the case of…

2Cases cited3 opinions

  1. In Re Marriage of FranksSupreme Court of Colorado · 1975
  2. Greer v. GreerSupreme Court of Colorado · 1942
  3. Sarno v. SarnoColorado Court of Appeals · 1970

3Cited by2 opinions

  1. 5 In the Interest of NJCColorado Court of Appeals · 2019
  2. In re the Marriage of HeilColorado Court of Appeals · 2001

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